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STATE FARM MUT. AUTOMOBILE INS. v. HOANG

Nos. 95-CV-39, 95-CV-40.

682 A.2d 202 (1996)

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant/Cross-Appellee, v. Tuan X. HOANG, Appellee/Cross-Appellant.

District of Columbia Court of Appeals.

Decided September 5, 1996.

Attorney(s) appearing for the Case

Kathleen A. Carey, with whom Harold E. Jordan was on the brief, for appellant/cross-appellee.

Scott M. Strickler for appellee/cross-appellant.

Before FARRELL and KING, Associate Judges, and PRYOR, Senior Judge.

FARRELL, Associate Judge:

These consolidated appeals present the primary issue of whether the trial judge correctly reserved to himself the threshold issue of whether plaintiff Hoang met the "medically demonstrable ... impairment" requirements of the No-Fault statute, D.C.Code § 35-2105(b)(1) (1993), thus enabling Hoang to maintain this civil action despite having received PIP (personal injury protection) benefits under the statute. Relying on language in our...

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